In 2004 the Governing Council of UNIDROIT adopted the Principles of Transnational Civil Procedure prepared by a joint American Law Institute/UNIDROIT Study Group. The Group was composed of the following members: N. Andrews (Cambridge University, U.K.), A. R. Kemelmajer De Carlucci (Supreme Court of Justice of Mendoza, Argentina), F. Ferrand (Université Jean Moulin, Lyons, France), G. C. Hazard Jr. (University of Pennsylvania Law School), M. Kawano (Nagoya University, School of Law, Japan), P. Lalive (Lalive & Associés and Geneva University, Switzerland), R.T. Nhlapo, (Minister, South Africa; Honourary Member of the Governing Council), R. Stürner (Freiburg University, Germany) and M. Taruffo (Pavia University, Italy). R.T. Nhlapo was appointed Chairman of the Group, while G. C. Hazard Jr. and R. Stürner were appointed Co-rapporteurs. A. Gidi (Brazil, American Law Institute) acted as Secretary to the Group.

The Principles, consisting of 31 provisions, aim at reconciling differences among various national rules of civil procedure, taking into account the peculiarities of transnational disputes as compared to purely domestic ones. They may not only serve as guidelines for code projects in countries without longer procedural traditions, but may initiate law reforms even in countries with long and high quality procedural traditions; they may also be applied by analogy in international commercial arbitration.

The text of the Principles, together with Comments, has been published by Cambridge University Press. The volume also contains the text of the Rules of Transnational Civil Procedure, which are a Reporters’ study representing an example of a possible implementation of the Principles in a particular jurisdiction.